Legal Question in Family Law in Pennsylvania
Do I have to file for divorce if my marraige was common law in Pa before 2005 and we have been separated since 10/06? Our children are all adults. My ex is in jail almost 2 yrs.I am buying a house but ex's name is not on property(Closing was day I left). We had no assets together.
1 Answer from Attorneys
Yes. If you had a valid common law marriage, then you have to file for divorce. And if you are married, then she may get part of the house, but I cannot tell from the timing whether separation occurred before you acquired the property or after. If before, you are ok, but not if you acquired the property and then separated. Talk to a family law attorney to make sure you had a valid common law marriage. It requires more than just living together. You had to hold yourselves out as a married couple and use magic words to express your intent.
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